Indianapolis Journal, Indianapolis, Marion County, 28 May 1895 — Page 2

THE INDIANAPOLIS JOURNAL, TUESDAY, MAY 28, 1895.

2

hat shall not. and the price cf carriage. ml aljio prescribing penalties for all offenren airalnst tt. OtoTlouly theae powers Riven to the national government over interstate commerce an J In respect to the transportation of the malls were not dormant and unised. Consress had taken hold f thoe two matter? and by various and peinc acts had assumed and exercised the powers given to It and was In the full discharge or its duty to regulate interstate commerce and carry the malls. If the Inhabitants of a ?lnle State or a great body of them thould combine to obstruct Interstate commerce or. the transportation of the malls prosecutions for such offenses had in such community would be doomed in advance to failure.. And If the certainty of Fuch lailuro was known anJ the national government had no other way to enforce the freedom of interstate commerce and the transportation of the mall. than by prosecution and punishment for Interference therewith the whole Interests of the Nation In thee respect would he at the absolute mercy of a jortlon. of the Inhabitants of a single State. rowKit of thi: governmknt. "Hut there is no such impotency in the national government: The entire strength of the Nation may be u.ed to enforce in any part of the land the full and free exercise of all national powers and the security of all rights Intrusted by the Conftltution to its care. The strong arm of the national government may be put forth to brush away all obstructions to the freedom of Interstate commerce or the transportation of the mali. if the emergency arisen the army of the Nation and all its militia are at the service of the Nation to compel obedience to its laws. In the case before us the right to u?e force does not exclude the right to appeal to the courts, for a judicial determination and for the exercise of all their powers of prevention. Indeed, it is more to the praise than to the blame of the government that instead of determining for Itself questions of right and wronjr on the part of these petitioners and their associates and in forcing that determination by the club of the ol iceman and the bayonet of the soldier, t submitted all tho.e questions to the peaceful determination of judicial tribunals and Invoked their consideration and judgment as to the measure of its rights and powers and the coreiative oodgations of those against whom It male complaint. And it is equally to the credit of the latter that the Judgment of thoe tribunals was by the great body of them respected and the troubles which threatened so much disaster terminated. 'Neither can It be doubted that the governmnt has such an interest in the subject matter as enables it to appear as party plaintiff In this suit. It Is said that equity only Interferes for the protection of property and that the government has no property interests. A sufficient reply Is that the United States have a property in the mails, the protection of which was one of the purposes of this bill. t'p to a recent date commerce, both Interstate and International, was mainly by water, and it Is not strange that both legislation of r'ongrcsH and the ra.e in the courts have been concerned principally therewith. Thfact that In recent years the interstate commerce has come mainly to be carried on by railroads and over artificial highways has in no manner narrowed the scope of the constitutional provision, or abridged the power of Congress over such commerce. On the contrary, the same fullness of control exists In the one case as In the other, and the same power to remove obptructlons from the one as from the other. Constitutional provisions do not change, but their operation extends to the nw matters as the modes of business and the habits of life of the people vary with each eucceedinjr generation. A SPKCIAIj kxigkncv. "That the bill filed In this case disclosed special facts calling for the exercise of the powers of the court is not open to question. The picture drawn In it of the vast Interests Involved, not only the city of Oilcago and State of Illinois, but all the States and the general confusion into which the interstate-commerce of the country was thrown: the forcible Interference with that commerce; the attempted exercise by individuals of powers belonging only to ihe government, and the threatened continuance of such invasions of public right, presents a condition of things which called lor the fullest exercise of all the powers of the courts. If ever there was a special xlgeny presented, one which demanded that the court should do all that courts can do, it is apparent on the face of this bill, and we need not turn to the public liistory of the day. which only reaffirms ith emphasis all its allegations. "The difference between a public nuisance and a private nuisance is that the one affects the top!e at large and the other rlmply the individual. The quality of the wrong is the same and the jurisdiction of the courts over them rests on the same principles and goes, to the same extent. The argument in opposition does not Question the Jurisdiction of the court, but only the expediency of the action of the government in applying for its process. It rarely cannot be seriously contended that the court has Jurisdiction to enjoin the obstruction of a highway by one person.

but that its Jurisdiction ceases when the obstruction is by a hundred persons. It may be true, as suggested, that In the excitement of passion a mob will pay little heed to processes Issued from the courts and It may be. an said by counsel In argument, that it would have savored somewhat of the puerile and ridiculous to have read a writ of Injunction to Lee's army duringthe late civil war. "It is douhtles true that Inter arma leges silent, and In the throes of the re-l-eliion or revolution the processes of civil courts are of little avail, for the power of the courts rests on the general supjwrt of the people and their recognition of the fact that peaceful remedies are the true resort for the correction of wrongs. Hut does not counsel's argument irr.;ly too much? la it to be assumed that these defendants were conducting a rebellion or Inaugurating a revolution or that they are and that their associates were thiw placing themselves beyond the reach of the civil process of the courts? Whatever any Ingle individual may have thought or . planned, the great body of those who were engaged in these transactions contemplated neither rebellion nor revolution, nnd when in the due order of legal proceedings the question of right and wrong was submitted to the courts and by them decided, they unhesitatingly yielded to their decisions. "The outcome by the very testimony of the defendants attests the wisdom of the course pursued by the government and that it was well not to oppose force simply by force, but to Invoke the Jurisdiction and , Judgment of tho.? tribunals to whom, by the Constitution and In accordance with the settled conviction of all citizens, is committed the determination of questions of Tight and wrong between individuals, masses and States. A most earnest and eloquent appeal was made to us in eulogy of the. Jierolc spirit of those who threw tip their employment and give up their means of faminK a. livelihood, not In defense of their own rights, but In sympathy for and to assist others whom they believed to have teen wronRed. V yield to none In our admiration of any act of heroism or selfnaeriflce, but we may be permitted to adl that it is a lesson which cannot be learnM too soon or too thoroughly, that under this government of ani by the people the means of redress of all wmn are throunh the courtti nd at the ballot box. and that no tvrons, real or fancied, carries with It legal warrant to Invite, as a means of redress. the co-operation of a mob with Its accompanying acts of violence. We have given to this cause most cartful and anxious Attention, for we realize that It touched closelv question of upremt importance tu the people of this country. CONCLUSIONS. "Summing up our conclusions, we hold that tho government of the United states Js one 'having jurisdiction over every foot of soil within Its territory and acting directly upon each citizen; that while It is a government of enumerated powers, It has, within the limits of those powers, all the attributes of sovereignty: that to It is committed power over Interstate commerce and the transaction of the mail; that the powers thus conferred upon the national government are not dormant, but have been assumed and put Into practical exercise by the legislation of Congress; that In the exercise of those powers it is competent for the nation to remove all obstructions uion highways, natural or artificial, to the pasCage of Interstate commerce or the earning of the mall: that while It may be competent for the government (through the executive branch and In the un of the entire executive power of the nation) to forcibly remove all such obstructions, it is equally within Its competency to appeal to the civil courts . for an inquiry and determination as to the existence and charater of any alleged obstructions, and if such are found to exist, or threaten to occur, to Invoke the powers of those courts to remove or restrain such obtructions; that the jurisdiction of courts to interfere in such matters by Injunction is one recognized from ancient times anil by Indubitable authority; that such jurisdiction is not ousted by the fact th.it the obstructions are accompanied by or consist of acts In themselves violations of the criminal law: that the proceeding by injunction is of a civil character and may be enforced by proceeding In contempt: that the penalty Tor a. violation of such Injunction is no substitute for, and no defence to, a prosecution for any criminal offence committed In the roune of such violation; that the complaint filed In this case showed clearly an existing obstruction of artificial highwajt the passage of interstate

commerce and the transmission of mall

an obstruction Tiot only temporarily exii- i ing. but threatening to continue; that unuer such complaint the Circuit Courts had power to irsue its process of injunction; that It having been Issued and served on these defendants, the Circuit Court had authority to inquire whether its orders had been disobeyed, and when it found that they hal been, then to proceed under Section 7. Revised Statutes, which grants power 'to punish, by fine or Imprisonment, disobedience by any party or person, to any lawful writ, process, order, rule, decree or command, and enter the order of punishment complained of; and finally, that the Circuit Court, having full Jurisdiction In th? rremise. Its findings of the fact of disobedience Is not open to review on habeas corpus in this or any other court. "We enter into no examination of the act of July 2, 18 (2J statute 2o, ujon which the Circuit Court relld mainly to sustain its Jurisdiction. It must not be understood from this that we dissent from the conclusions of that court in reference to the scope of the act. bat simply that we prefer to rest our Judgment on the broader ground which has been w..cu5ed In this opinion, believing it of Importance that the principle.- underlying It should be fully stated and affirmed. The petition for a writ of habeas corpus is denied. MAV OT II K PHOSKCTTKI). Criminal Cnsen .irnlnt Delix nnil - -wocImic 31 n- He Dropped. It Is not Improbable, in view of to-day's decision of the Supreme Court, that Kugene V. Debs and the othei officers of the American Railway Union not under Indictments for violations of the antitrust and the mail obstruction acts, will not be called on to stand trial. Under to-day's decision Debs will serve his sentence of six months In jail, and, it is thought that the government will consider this a sufficient severe punishment without prosecuting criminal cases against him or his associates. The principle Involved having been . established, by not pushing the further proceedings, it will be shown that the government docs not entertain any revengeful or vindictive feelings against Mr. Debs, the American Railway Union or any other reputable labor organization. Attorney-general Olney, to whom more than to any o:ner man is due the credit of suppressing the Chicago ilots. and restoring Interstate tranie - its normal condition, has in all his official relations shown his earnest sympathy with organized labor when the objects sought to be obtained were lawful. As an evidence of this fact It will be recalled that during the pendency of the contest between the- Reading railroad and Its employes, wherein the company sought to establish its right to discharge any employe who should Join a railway man's union. Mr. Olney. unsolicited, filed with the court a brief in which he stoutly maintained the right of the men to associate themselves together for mutual aid and protection, and declared the action of the railroad company repugnant to .the' American idea of civil liberty and justice. nowAitn i a mitiiv. lie In Anxious to Return to Prison Limyrrn 31a ke it Mc of It. CHICAGO, May 27.-Ceorge W. Howard, the former vice president of the American Railway Union, was the first one of the men to offer to surrender himself to the United States marshal and .begin his uncompleted sentence. It was shortly after 2 o'clock when Howard entered Marshal Arnold's office and said: "I guess you want me. now that the Supreme Court has sustained Judge Woods's Judgment." "Not yet." replied ihe marshal. "We must first get the mandate of the Supreme Court, and that will be a week or more in reaching here. "You know where to find me," said Howard. "I cannot go back to Woodstock too quick. 1 want to get through with the sentence; "The opinion of the Supreme Court was no surprise to me," said Mr. Howard. "I have expected such a result from the start. In fact, I was opposed, as were most of the others, to taking up the issue. I could not see anything to be gained, but a good deal to lose. If the appeal had been sustained we would have gained a point for labor organizations, but not saved ourselves from jail. We were committed on two charge of contempt one for violating the Injunction as to interfering with interstate commerce and the United States mall; another for violating an injunction as to interference with the receivers of the Santa Fe railroad. The judge gave Debs six months In each case and the rest of us three months, and then made the sentences concurrent. In order to appeal the judgment for the violation of the injunction on the part of the government we had to move a separation of the sentences anil have them cumulative. We had no ground to appeal from the commitment on the Santa Fe case. Now. what do we get? Double time. Had the 'boys followed my advice and let the thing alone, we would have been out of jail on April 1. Now we will have to serve nearly six months, and, as 1 figure It. we will get out in time to enjoy Thanksgiving dinners. If we have enough money to buy one. Debs will get out In time to participate In next year's decoration services. The truth of the matter is, our lawyers made a mess of it." Air. Howard then went down to the next floor to see Judge Woods, but that official had already taken his place on the bench in court. Jl DUB WOODS'S VICWS. He Does Sot See Why Criminal Proceedings Should He Stopped. CHICAGO, May 27. Judge Woods, whose decision In the Debs case was sustained by the United States Supreme Court, said: "I believed that I was right In Issuing the Injunction last summer against the officers of the American Railway Union and, being right in the law, the right to punish the men for contempt followed as a natural sequence. No, I cannot understand why criminal proceedings Bhould now be abandoned. Of course, it grows out of the commission of the same acts. Hut in the one case the men were enjoined from doing certain things and the punishment was for contempt of court: in the other cases they are charged under the criminal law with a violation of that law. Should a man assault another in any court it is the duty of the Judge to punish him for contempt, but that punishment does not debar a criminal prosecution and punishment of the offender for the assault committed." C. S. Darrow, counsel for the defendants in the lcbs case, said: "A week ng. that august body, the Supremo Court, decided against the Income tax. To-day it follows suit against Mr. Debs and his colleagues. Such action shows how the land lies and Is pretty plain notice to the people on which side the Supreme Court stands. The position of the Supreme Court is simply the outcome of the life associations of the members in their professional and social relations. It is. I presume, only what one might expect from poor human nature. Workingmen and their Interests are as much outside of the Supreme Court's world as if the former were tho Inhabitants of another planet." i:i(ii:K v. dubs talks. He Condemn lie Drrlnlon, hat Will Tnke Ills Medicine. TKRRE HAITTK. Ind.. May 27. President Kugene V. Debs, of the A. R. U., whose case was acted on to-day by tho Supreme Court, was een at his home to-night, and said: "I know only of the decision as it appears in the evening papers, and assuming that It is correctly riorted, it appears the cafe was not decided upon Its merits, but that it was found that the Circuit Court, having final jurisdiction, its act was not reviewable by the Supreme Court, and. therefore, the writ was denied. I expected a favorable decision, but I am not disap pointed. After the decision by that tribunal on the Income tax bill I am not at all sur prised to see the decision of the lower court affirmed In our case. Roth decisions are absolutely In the interest of the corpora tions, syndicates and trusts, which dominate every department of the federal government. Including the Supreme Court. Meffersoirs prophecy is being literally fulfilled. The 'sappers and miners as lie denominated them, are at work undermining the federal public. States rights are practlcallv eliminated. whll the right of a citizen to a trial by a Jury of his people, as vouchsafed by the Constitution, is hrokrn down. Kvery federal Judge now constitutes a czar. The decision of the Supreme Court has crowned and captured them and given mem autocratic sway, iney can now issue any kind of injunction, restraining any man from doing anything, and then deprive him of hi liberty after i simply going through the farce of n hear ing before the fame juqge issuing me injunction. Railroad corporations may now reduce wages ami enforce any kind of conditions upon their errployes without fear of their resignation. If employes see lit to quit, they can 1 put In Jail for exercising this prerogative. This Infamous outrage has now the Judicial sanction of tho notoriously true that the people of this I country, excepting a small minority that are direct beneficiaries of such monstrous perversion of Justice, have no confidence in the Supreme Court. Not only thU, but the criminal autocrats have no confidence in

each other. To substantiate this it Is only necessary to read the scathing arraignment of Justice Harlan of his judicial associates. I shall abide by the decision with perfect composure, confidently believing that it will hasten the day of public ownership, not only of the railroads, but of all other public utilities. I view it a the deathknell of the wage system. In the long run this decision will prove a blessing to the country." oTiinn ni:cisios.

Conwtltntlonnllty or the Cienry Kxclnklon Aet Affirmed. WASHINGTON. March 27. The Supreme Court of the United States to-day affirmed the constitutionality of the deary Chinese exclusion act In the case of Lem Moon Sing, the California Chinaman who left this country and was refused admission. Justice Harlan, In thp opinion, said that the statute intrusted to the collector the power of passing on the facts In the case. Lem , Moon Sing contended that he had acquired a domicile as a citizen of the United States before the passage of the exclusion act. Justice Harlan said the remedy of the appellant was by appeal to the Secretary of the Treasury. If the act of 1S31 takes away from tne alien appellant any right glyen by previous laws or treaties to reenter the country the authority of Congress to do that cannot be questioned, although it Is tho duty of the courts not to construe an act of Congress as modifying or annulling a treaty made with another nation, unless Its words clearly and plainly point to such construction. In conclusion Justice Harlan said the court did not express any opinion on the question whether Lem Moon Sing was entitled to re-enter the United States. The court denied the application made Itst week by attorney James C. Carter, of New York, for leave to file an application for a writ of habeas corpus for W. H. Parkhouse. Parkhouse is the New Orleans man confined in prison on the charge of disseminating lottery advertisements In violation of the law passed by the last Congress. Hettle Green, the New York multl-mll-lionalress, was defeated In her attempt to have a bill of sale for some Chicago property worth over half a million set aside by a decision of the Supreme Court. Tho legal contention over this property covered many years. The case of the Garcia revolutionists. Ruiz Guerro and others, was again before the court to-day. They were committed to prison bv Judge Moxey. of the Circuit Court for the Western district of Texas, on th application of the Mexican consul at San Antonio, who desired to secure their requisition. The point was raised that they could not be extradited because their offense was that of revolution, a purely political one. and technically was not murder or arson, the offenses charged being merely Incidental to the revolution. The judge took this view of the case and released them on Jl.OO) ball each. Attorney F. D. McKenny. representing the Mexican minister, asked to have the case advanced because of the small tall under which the men were released. The court took the motion under advisement. ' THEY ARE HAWAIIAKS C; It EAT IiniTAlX WILI, OT PROTECT RICKAIII1 AMI WALKER, i Commissioner llnwen FlndM He Wiim Deceived by the Sintements of the Tvro Political Prisoners. SAN FRANCISCO. May 27. The steamship China has arrived from Honolulu, bringing the following advices to the Associated Press, dated May 20: The correspondence between Ilritlsh Commissioner Hawes and the Foreign Office will soon close, with the laurels in the hands of the Foreign Office. The claim made by the political prisoners, Rlckard and Walker, have been completely refuted by the eveidence submitted by the Foreign Office. The written application of these men for naturalization, the payment cf fees, the taking of the oath of allegiance and the service of a year in the legislature by one of them had carefully been probed, and the Rrltish commissioner finds that he was deceived by the statements of these men, and he will so report to the British Foreign Office. It was the expectation of these men that the Rrltish government would interfere In a summary manner, and royalists are bitterly disappointed that the case goes against them. There are many rumors of filibustering expeditions. The government received information of such a positive nature regarding the fitting out of one expedition from Puget sound It at once armed the steamer I.ehua and commissioned it as a revenue cutter. It has made several cruises around the islands, but has not discovered any hostile vessel. On the 13th Inst. Paul Neumann was retained by Jonah Kalanianole to begin habeas corpus proceedings in behalf of the latter. Kalanianole was a prince under the monarchy. He was convicted on a charge of treason and was sentenced for three years and to pay a fine of $l,lH). He will test the constitutionality of the military court proceedings. The matter will be brought before the court in a few days. The trial of John K. Rush and Joseph Nawahwl has ended In a defeat for the government. These men were arrested previous to the January uprising, on a charge of conspiracy. They were committed for trial on the testimony of two disreputable individuals, who were spies In the service of the government. The capture of a few rifles on Bush's premises was the only damaging evidence against the men. Nawahwl was convicted, and In Bush's case the Jury disagreed. President Dole has named June 12 as the day for the Legislature to meet in extra session. It is expected that lawmakers will finish their work in about thirty days. The government has not moved towards appointing a minister In place of Thurston. There Js no immediate necessity for doing so, as the republic is well represented by Mr. Hastings. Many here prefer that he should be Thurston's successor. The government has not considered the matter, as the situation does not demand immediate action. Clnlm for .0.000 I)nniNKiM. SEATTLE. Wash.. May 27. Frak Honeck, a native of Missouri, has forwarded to Secretary Gresham a claim for $50,000 damages against the Hawaiian government. He says he went to Honolulu ten months hko and joined Company A, of the militia, gaining a medal as the best marksman In the service. William O. Smith, the Attorney-general. employed him as a secret service agent to watch for smuggling of arms ashore. He got evidence against the small vessel Wlmanclle, and said that on Jan. C. 1S0."; when that vessel was at Honolulu, he went In search of Captain Davles. of the Wlmanelle, and l -R crew. Not being able to find Smith, and considering tho matter urgent, he Informed Colonel Fisher, commander of the military, who caused the arrest. Next day Ilouet k went Into the field and did not have an opportunity to tell Smith of his discoveries for a month. When he did so. Smith was angry, pecaune he had not been told first, refused to hear explanations, and ten lays later Honeck was arrested and thrown Into Jail. He says no charge was made and he was refused communication with the American consul. He was finally told that he must leave the Islands or he would be Imprisoned for thirty-five vears, guilty or Innocent. He chose the former alternative and was given an honorable discharge from the army. Cliaritlm nnd Corrections. NEW HAVEN. Conn.. May 27.-The first business of the charities and corrections convention, this morning, was tho announcement of the committee on organization and nominations. Then followed the reports from Slates. The report of the committee on homls for soldiers and sailors was presented by Chairman C. K. Faulkner, of Atchison. Kan. The committee urges the enlargement of such national homes as are susceptible of enlargement within the requirements of approved conditions without delay and new homes should be established at suitable points to meet the reeds of changing conditions which suggest the hospital as the last cami of the passing veterans. Major N. V. Randolph, of Rlcnmond. Va.. and MaJ. R. H. Dudley, of Nahvllle, Tcnn., read paper on State and other homes for Confederate ?oldlers and sailors. Prof. R. o. Wight, of Madison. Wis., read a paper upon "Prisoners an Soldiers Homes." Dr. Price's Cream Baking Powder Most Perfect Made-

SMASHED TO PIECES

WIXCHKSTKIt TKLECillAPII OFFIt'C CRlSHUn IX A WRECK. Dr. C. T. Gray Fatally Hurt und Three Other Slightly Injured Instill Sensation Exploded. Special to the Indianapolis Journal. . WINCHESTER, ind.. May 27. Big Four freight train No. 71. going west, ran into a Grand Rapids & Indiana freight train on the crossing at 9 o'clock this evening, lifting several cars entirely off the track on to the Big Four telegraph office, located at the crossing. There w'ere four people in the telegraph office, operators Frank Roberts and Eon Cable, Dr. A. F. Huddleston and Dr. C. F. Gray. The operators and Dr. Huddleston escaped with slight Injuries. Dr. Gray Is very seriously, if not fatally, injured. It was a fortunate escape, as the office was completely demolished by the cars. The engineer on train No. 71 claims he was blinded by the electric light near the crossing and by the Grand Rapids & Indiana train, which was between him and the target. AS WAS EXPECTED. Mr. IlnmeMM Sanity InventlKHted nnd Her Story of Ontraa;e Xot Relieved. Special to the Indianapolis Journal. ING ALLS, Ind., May 27. On complaint Of her husband Mrs. Isaac Humes, the woman who claimed to have been outraged and her throat cut by a tramp, a month ago, Mrs. Humes is now being tried before Justice Skinner and a jury as to her sanity. She has repeatedly shown signs of Insanity since her distressing accident, and admits herself that she is hardly responsible at all times for her actions. Her husband, a week ago. removed all knives and hatchets from his home, and this mocning, for fear her malady would result In harm to him or the children, he made a complaint to tho justice, acting upon the advice of Dr. J. H. Lail. It is now understood Mrs. Humes intimates that it was herself who did the cutting that so aroused the indignation of Ingalls people last month. She is getting well physically. INDIANA OIIITCARV. Ex-Scnntor Elt W. Ilrorrn to lie Hurled In Columbia City. Special to the Indianapolis Journal. FRANKFORT. Ind., May 27. The funeral of cx-enator Ell W. Brown, of the Crescent, will take place to-morrow morning at 7:30 o'clock, from the family residence. The remains ' will be taken to Columbia City on the 9 o'clock train and the Interment made at 3 o'clock Wednesday afternoon. The following will act as an escort of the remains to Columbia City: D. F. Allen. F. J. Smith. George T. Itwler. J. P. Gray, W. II. Staley and M. Epatenl. Among the prominent men of the State to send messages of condolence was Governor Matthews. Other Deaths in the State. PLAINFIELD. - Iritl.. day 27. .Vrs. Rhoda Carlin, of Indianapolis, died here this morning of general debility. She had been here for treatment of the morphine habit. The deceased had been in delicate health for several years and contracted the habit during her Illness. The physician held out no hope to Iit family i-nd friends. The remains will rc taken to Indianapolis for burial. LEBANON. Ind.. May 27. Mrs. Catherine Adney, who was the oldest person residing In Boone county, died this morning at the home of her son. 1. S. Adney. of this city. Mrs. Adney was ninety-four years eld. AGA1XST GAS COMPANIES. Judjce lioon .Decide They Cannot t'e the Hlfthway. Special to the Indianapolis Journal. MUNCIE. Ind., May 27. Judge Koons, of the Delaware Circuit Court, rendered a decision to-day In the injunction suit by Louis Truitt and Jeremiah Truitt against James Boyce, of this citj-, and the Heat, Light and Power Company, one of the principal gas companies in Delaware county, prohibiting the defendants from laying gas or oil pipes over or under the lands of the complainants: or along the highways abutting the same. Judge Koons heard the arguments of the attorneys and granted a perpetual Injunction. In all previous litigations it has been held that the owners of realty could collect damages when pipe lines crossed their lands, but the gas companies have had the right to use the highways. This decision kills thfc right, and should it be sustained by the Supreme Court, to which the case will be carried, it will give rise to endless suits for the collection of damages from pipe lines all over the gas belt. Hanover Projrrnmme. Special to the Indianapolis Journal. HANOVER, Ind., May 27.-Hanover College commencement this year comes the second week in June. The programme follows: June 7 Exhibition by the senior preparatory class. June 9. 1:30 a- m. Baccalaureate sermon, bv the president: 7:30 p. m.. sermon before the Christian associations, by Rev. William 1. Riley, of Chicago. June 10, 10:;0 a. m. Field day exercises; 7:30 p. m., address before the literary societies by Rev. W. A. Stanton, D. D., of Pittsburg. Juno It. 9 a. m. Board of trustees convenes: 10 a. m.. class-day exercises: 4 p. m., meeting of the Alumni Association and banquet: 7::J0 p. m., delivery of diplomas of the lite.rarv societies: for the Zetelathean and Chrestomathcan societies, by Mrs. Emily P. Rell. of Louisville; for the Phllalathean Society, by Rev. William C. Covert, of Merrlam Park, Minn.: for the Union Literary Society, by L. V. Cravens, esq., of Madison. June 12, 10 a. m. Commencement exercise?. Olney Wmilril Shepherd' Ilone. Special to the Indianapolis Journal. JEFFERSON VILLE. Ind.. May 27. A letter received by Warden Patton, of the prison south, from fVttorney-general Olney, at Washington, asks tbat the rope used by convict Thomas' 'Shepherd, in scaling: the new prison wall. on several different occasions, be forwarded to Atlanta, to be placed in the government display, at the Cotton States Exposition. The Attorneygeneral stated that a place had been provided for It In the government display. The convict showed wonderful Ingenuity In th construction of the roe. as it was matle of bits of cloth, rope and anything which be could secretly appropriate that could be woven into the roin. The strength of tho rope was wonderful, as Shepherd repeatedly scaled the wall by means of that rope to visit a woman in the vicinity before ho was discovered. Unfortunately the rope was rtetroyed by order of the warden some time" ago. The Pattou Company ShortnKc. Special to the Indianapolis Journal. JEFFERSON VILLE, Ind.. May 27. Messrs. Lyons. Plckhardt and Darnell, of the board of directors of the Prison South, are In session to-day. Nothing was done this afternoon except the auditing of the monthly accounts. The members of the board were noncommittal as to what action would be taken in regard to the differences existing between Col. A. O. Patton, of the Patton Manufacturing Company, and the prison authorities. As previously stated in the Journal, the Patton Manufacturing Company is Indebted to the State almost J'Ju.ooo for the labor of convicts employed at their plant.' Dellnlte action will be taken in regard to the matter to-morrow. Contracts will be lex for the labor of 230 men now employed by the Rromwell Crush and Wire Goods Company. (irndunten nt Edinburgh Special to the lndlanapoll.4 Journal. EDIXm'KG, Ind.. May 27.-Uev. J. A. Rondthaler, 'of Indianapolis, delivered the baccalaureate sermon Sunday before the Ed.nburg High School graduating class, at the M. E. Church. The commencement exercises of the school took place to-night In the Christian Church. The adiress of the evening was delivered by Mrs. Emma Mont McRea, of lurdue University. She took for her theme "The Progress of the Ideal." The class consisted of Clifford Par. Misses Mau i Mile. Edell , Mutz. Mabel Prater. Daisy Chr'.stle. Eva NefT. Cora Rocock and Gussie Hartman. Under the man

agement of Prof. C.'F. Patterson the Edln- ! burg schools have been brought up to a high standard. - Father-ln-lotvr Stnblird to Death. Special to the Indianapolis Journal. PRINCETON. Ind.. May 17. -James Copley stabbed to death his father-in-law, Phillip Glvens, near Patoka, this county, this morning. The two men Ind based a piece of corn ground together In the bottoms. Copley went to work this morning, when Glvens. came to where he was working and the two quarreled. Jivens caught Copley by the throat and Copley bej,an cutting. As soon as he got away from his enraged father-in-law he went for a doctor, but on returning Given was found dead, (liven was a bad man when Intoxicated and had served a term In the prison for attempting to kill a man. An Old Jinn Hnng;M Himself. Fpeclal to the Indianapolis Journal. REDFORD, Ind., May 27. Andrew J. Dunn, aged seventy-one, committed suicide by hanging near AVeltonville. seven miles east of here early this morning. No cause was assigned for the act. When disyovered he was dead. While partly disrobed he arose from his bed with determination of ending his existence. His son, with whom the old man made his home, was away on a visit at the time. Property valued at 11.000 had lcen conveyed to the son some time ago with the understanding the old man would be provided for duringhis lifetime. Offered 1 for Wheat. Special to the Indianapolis Journal. HAGERSTOWN, Ind.. May 27.-Vheat reached the dollar mark here Saturday. The Fox flour mills began to offer H for old wheat, and some refused to take that price. A ride on the railway between here and Windfall, fifty-six miles, will show to anyone that in all that distance there is scarcely a field of wheat In sight of the railway that will make a half crop, and much will not be harvested: and that is a fair sample in all this section. Several farmers here are now engaged In plowing their wheat fields, and will plant them in corn. Prenhyterliin Church Split Special to the Indianapolis Journal. HAGERSTOWN, Ind.. May 27. An unusual occurrence in church circles took place here to-day. The .Presbyterians have had a congregation and have held services in this place many years, and number among their members some of the oldest and prominent people of the town. For a year past there have been contentions ami quarreling between the brethren and sisters, which finally resulted in one-half of the members withdrawing their membership permanently. Those remaining propose to continue services if possible. 91laa Flatly Maen for f 7,MM. Special to the Indianapolis Journal. NOBLE.SVILLE, Ind., May 27.-Miss Delia Batlcy, through her attorneys. Moon & Cooper, has filed suit in the Hamilton Circuit Court against Miss Fassie Crull, Edward L. Sopher and John R. Harris, demanding da ma lies In the sum of $7,000. One night last February Miss Crull was attacked by some one who threw acid In her face and attempted to use a revolver. Miss Batley was charged with having rnade the attack, and was arrested. .The evidence failed to convict Miss Batley of the attack and she was acquitted. Hlnck. Rear at Large A'ear Spencer. Special to the Indianapolis Journal. SPENCER, Ind., May 27.-Charles Huddleston and Denver Curtis were awakened last night by a noise at the front gate. They went out to investigate and ran into a black bear, reared on its haunches, ready to receive them. They fell over each other getting back to the house, and bruin lumbered away. The bear was Feen leaving town about 4 o'clock this morning. It had been seen in the country several days ago. A comrahy of sportsmen have arranged to go on a hunt for his bearship. Small Frnlt Crop Ruined. Special to the Indianapolis Journal MUNCIE, Ind., May 27. Granville Cowing, who is a recognized authority, says: "There will be no raspberries or blackberries, and the crop of strawberries will not be 10 per cent. Apples and pears are badly Injure !, but not as many killed as some people believe. There will be some late cherries, but very few grapes. The drought Is killing the iJej.Vjirj, . and some wheat Is being plough v4; while much corn Is being replanted. Rye was badly Injured during the late cold snap." Commissioner Thorunn FaI Dead.

Special to the Indianapolis Journal. CONNERSV1LLE, Ind., May 27. Sexton E. Thomas, one of the most successful and widely-known farmers of Fayette county, dropped dead at his home, In Columbia, yesterday. Mr. Thomas was sixty-one years old and four children, with their mother, survive. His demise was due to paralysis of the heart, brought on by rheumatism. Mr. Thomas was serving his second term as County Commissioner. The funeral will be held Wednesday morning. Hartford City HIrIi School. Special to the Indianapolis Journal. HARTFORD CITY, Ind., May 27.-The thirteenth annual commencement of the Hartford City High School was held at the Christian Church to-night. President Burroughs, of Wabash College, delivered the class address. The graduates were: Adele Tyner, Bessie Gable, K. li. Fulton, Wyona L. Fargo, Edwin C. Ford, Emma Wlllman, Aldah Leach, Edna Clapper. Alice G. Hubbard, C. E. Stahl, Euldas Scott and Fanchon Moffett. ' Will Tie n HIb Apple Crop. Special to the Indianapolis Journal. HAGERSTOWN, Ind.. May 27. A number of farmers who are considered good authority on the fruit subject were discussing the fruit problem here to-day, and were unanimous in the conclusion that though there has been the most unfavorable fruit weather this spring, and especially In May. that they have ever experienced, apples promise the largest yield in many years. The trees are loaded. IHaekford County Crop Hurt. Special to the Indianapolis Journal. HARTFORD CITY, Ind., May 2T.-Joshua T. Kelley. one of the best known farmers in' Bla.ckford county, was In the city this morning from Jackson township. He says the wheat crop is almost entirely ruined by the dry weather, barley and oats entirely gone. Heavy rains will yet give a good corn crop. Without rain very soon there will be no chance for corn. Stack and Carr Are Free. Special to the Indianapolis Journal. BRAZIL, Ind., May 27. This afternoon cases against Charles Stack and William Carr, charged with murder, were dismissed in the Superior Court. They were charged with being accomplices in the murder of Engineer tfarr. of the Vandalla, during the strike lat summer. Three of the crowd are now in prison for the crime. Indiana Nnty. Klder E. C Wells preached the memorial sermon at the Hartford City Christian Church Sunday night. Hon. T. K. Nicholson addressed a large audience at Spencer, last night, and organized a (Jood Citizens' League. Frankfort Methodist women are raising J'i.'iOO with which to buy a pipe organ for the church, now being remodeled. Rev. Thomas delivered the b.iecaiurdte sermon at the M. K. Church, in Dunkirk, to the graduating class of the high school Sunday evening. Rev. A. C. Wllmore, of the V. B. Church at Noblesvllle, baptized fifteen conv'erts in Fall creek Sunday, in the presence of three thousand people. Union Memorial services were held at the Worthlngton M. E. Church Sunday. The veterans attended in a body. Rev. W. T. Davis preached. Two large golden eagles have been seen In the vicinity of Greenfork, near Richmond, for some time, and recently one of them was killed. It measured over six feet from tip to tip. Major Henry Post, G. A. R.. observed Memorial Sunlay at Pendleton. At the t'nlversalist Church they were addressed by the pastor. Rev. J. B. Foster, assisted by Rev. E. F. Hasty, pastor of the Methodist Church. Seymour memorial service were conducted in a large tent Sunday. The tent I held eight hundred people, and hundreds were compelled to stand. The w. R. o. united with the G. A. R. Evangelist J. V. Coombs preached. Whisky Hehate to He Paid. CINCINNATI, May 27. Distributors of the Whisky Trust here say that Levy Mayor, attorney for the reorganization committee of the Spirits Distilling Association, assured them when he was here yesterday that all rebates due regular distributors would be paid on June 15. and that all rebates to cuts'de distributors would be paid on July 10. Theee rebates will aggregate half a millions dollars.

Highest of all in Leavening Power. Latest U.S. Gov't Report

mm

BEEJl-TAX AGITATION PROPOSITION RIlVIVEll TO MAKE THE ASIOr.Vr If- A 11ARREL. .Miller nnd llnmlln Favor the Finn tin the tirounri that It Would Make I'p for Loss of the Income Tns. Special to the Indianapolis Journal. WASHINGTON. May 27. -.rir.r th- rcriod of despondency fol-wi:i the de(..-:on of the Supreme Court In the income tax case the officials of the Treasury Depart- 1 ment took again under consideration the possibility of securing Urgely increased revenues from an increase in the tax on beer, although, of course, no aid could be expected from this source until at least two months after th convening: of the next session. Internal Revenue Commissioner Miller and Assistant Secretary Hamlin were discussing the matter at the treasury recently and grew very s?in;;'.iie .-ver the prospect of materially filling the gap In the receipts of the government by doubling the present tax on beer. 'Strange as it may appear, ihe only increase thao was ever considered, by the treasury officials or those who had charge of the tariff bill in the House was an Increase of 100 per cent.; an Increase to 12 from the jte;nt tax. of $1 a barrel. An increase as great as this would, it Is estimated, bring Into the government's coffers $30,l,000. a sum that would do much to straighten out the tinancial affairs of the Treasury Department. There are many reasons, however, why this increase should be considered as little less than absurd, and if in the next Congress an effort is made to add to the government revenues by an additional tax on beer it Is safe to say that the increase will not be nearly sa large as 100 percent, from the present outlook it is not probable that more than Z cents will be added to the tax on a barrel of beer, while it is even more likely that the increase will be less, perhaps 13 cents a barrel. Two forces are represented in this fight for an Increased tax on beer, the Women's Christian Temperance, t'nion and the National Rrewers' Association. The latter organization maintained a strong lobby at Washington unng the f.rif d'i.stion, prepared at all times to provide the committee on ways and means with eloquent arguments against the proposed legislation. The matter was up before the committee several times, bnt was never considered in the House, as Mr. Rynum, of Indiana, had pointed put to the committee the dangers to thepopularity of the Democratic party in tampering with a beverage so dear to the hearts of thousands of good Democratic voters. It was thought at the time, moreover, that sufficient provision had been made for the government revenues in the bill report ?d t; the Jituse, dependence being; placed on the Income tax to secure the receipts that, it was at first urged should come from the increased tax on beer. The arguments made by the members of the W. C. T. C. who are lighting for the increased tax, and the officials of the Treasury Department are based n alnly on the well-known fact that the irofits In the manufacture of beer are larger than almast any other legitimate business in the country. The ease and rapidity with hlch brewers accumulate wealth should place them, as a . class, with the plumbers and icemen of the community. I is . is? Justly pointed out that the poorest beer In the world is probabiy mado in this country, where, owing to the natural advantages and the immense profits, the reverse should bo true. The German beers are far better than any made m this country, ajjd it is claimed that beer as good as tne best German beer could be made In this country and sold at the same price as present with more tnan ordinary profit. Inasmuch as the brewers of this country will not make good beer, the proposition is made that they should be taxed enough to take away a fair portion of their excessive profits. It is claimed they cannot possibly make much worse beer than that at present brewed here, and that any attempt to increase the price to the drinker would result in the larger consumption of spirits and a falling on in the sales of beer. Consequently the price to the drinker would remain the same, the quality would remain practically the same and the increased tax would be paid by the brewer. Many of these arguments are allowed to pass without dispute and It is conceded even by the brewers th?m?eles that a reasonable increase of the tax would not be fought very bitterly, a reasonable Increase in this case being taken to mean something less than 25 per cent, increase. Anything over that would be combated by one of the most powerful lobbies ever assembled at Washington and the entire tax would in all probability be defeated. PAID AX IXDEMXITV. Guatemala Has Made Reparation for nn Outrage on an American. WASHINGTON, May 27. The State Department has been Informed by United States Minister Young, at Gautemala City, that the government of Gautemala has made reparation for the ill treatment of W. II. Argall last August. Argall was the foreman of some laborers employed by a Belgian on his lands. He caused them to remove a shed erected by the Giutemalan government on land claimed by It. While Argall. with two other Americans, Thomas and Pardee, were engaged in this work, they were arrrested by the police and thrown into jail and Argall himself was cruelly lashed with a rawhide by one of the prison officials. After having been kept in jail some time the men were turn .1 oat without ever having seen a warrant or a charge. When these facts vvt brought to the attention of the State tKnaj t ri.-nt I Secretary Gresham directed Minister Young J to call upon the Gautemalau Kovernment ror an explanation or tne outrage committed, and, as now appears by the dispatcn from that olflcer. he has secured tl. vn.cnt of an Indemnity to Arxall, wh-. was th; only one of the thiee whippH. The nult in the case3 -of the ether r.en i not yet known. I'ral.ir for Admiral Klrklaml. WASHINGTON. May 27. Tho fnlted States consul at Alexandria, in Apia Minor, has sMit a report to the State Department, speaking in terms of highest praise of the conduct of Admiral Klrkland while In that vicinity, under orders from the Navy Department, to protect the American missionaries. The consul says the presence of the war ships San Francisco and Marblehead made a most favorable impression tn the Turks, who had never before seen an American man-of-war. ani as a result of their visit the peace of the community appears to be assured for a long time to come. The San Francisco and the MarbleheaJ arrived to-day at Southampton. England, the point selected for the rendezvous of the American fleet that will participate in the naval parade at Kiel. News of the arrival of the New York and Columbia is expected daily, although they are going under easy steam and may take two weeks for the. trip. Kx-Seeretary 3IcCulloeli Funeral. WASHINGTON. May 27.-Funeral services over the remains of ex-Secretary Hugh McCulloch. of the Treasury Department, were held at Rock Creek Church this morning by the Rev. Dr. Duck, of the Itock Creek Church, the Rev. Dr. Alexander Meckay Smith and the Rev. Dr. Asplnwall. The ceremony was very simple, being only that of the Episcopal Church. There was no sermon. The casket, upon which rested a. single wreath of American beauty roses and a palm branch, was then conveyed to the Rock Creek Cemetery, where the Interment took place. General Xotea. Special to the Indianapolis Journal. WASHINGTON. May 27.-E. M. Fisher. R. A. Bullock. S. J. Ballance an t John Kane, all of Indianapolis, and C. H. Yoris, of Franklin, are in the city. A special train, carrying Washington newspaper correspondents and representatives of the press to Atlanta for a preliminary view of the Cotton States Industrial Exposition grounds, left at 2:10 p. m. to-day. over the Southern road. To-day'a statement of the condition of the

treasury shows: Available, tash balance, HS5.7.utS: Ko!d reserve. rj.2.Kd. Consul-general Donnelly, at Neuvo Liredo. Jlex., rnorts to th State J Apartment that he succeeded, with the ' Ip of our legation at Mexico, in obtaining co.-rtiv ckmincy for the American citizen Edward YV. Dausherty, w ho was sf rvlui? a en years sentence. t Monterey. fr tfce killing of ore Dultrnan. He wvms rel.icJ May 9 on paying a line of $iV. THE OHIO CONTEST

M'lltlTED TIGHT AMOXG REI'lB' LICANS AT . AAE II.LE. Xuiuemn ('audi dulc for fi ti or Senator Miernitin am! Ex-Secrrlnry Fouler Workluu for llariattn?. ZANESY1LLE. O.. May 27.-The Republican State convention will meet here tomorrow, and most of tne delegates am now on the ground. Efforts were made in the county conventions to overcome former factional differences by unanimously indorsing Governor McKinley fcr President and ex-Governor Eoraker for Senator, but in the bitter contest for the nomination for Gvvernor between Asa S. Du.hriell, George K. Nash. James II. Hoyt. E. W. Poe, J. Warren Keifer, A. L. Hat ris and others the factional, lines are being drawn. Ex-Secretary Charles Foster, who wa chairman of the Republican State convention last year, and Senator John Sherman, who is to be chairman of the convention to-morrow, are here with othr party leaders, both working in the interest of harmony. The double delegation from Toledo which Is now regarded more as a factional Interest than as a contest between Mayor Major and Judge Doyle, will be the test contest to-morrow. Senator Sherman and ex-Secretary Foster called at the headquarters of each gubernatorial candidate during the afternoon and were closeted with them and their leading workers. No agreement as to canlldatet could be reached because of the absence at the time of ex-Governor Foraker and General Asa S. Itu?hnell. Governor McKinley leaves Columbus to-morrow for New York, and will not be here, owing to his Memorial day engagement in the East. Sherman, Foster and other leaders tate that they are not seeking to have any slate formed or to do anything for or apainst any candidate, but they do not consider it good politics to nave the preferences of delegates expressel on factional lines. While all the candidates plelg themselves for McKinley for President and Foraker for Senator, yet there Is much feeling between the friends of these twu lcadeis. When Foraker was defeated by Sherman for Senator before the legislature In January, 183.1, Governor McKlnley's administration was credited with being a decisive factor In favor of Sherman. AnJ now the Foraker faction is said to be wanting to name the-next Governor, so as to have the State administration for their man next January Instead of against him as heretofore. It is this issue that involves the presidential and senatorial preferences In the nomination for Governor. The senatorship has frequently been Involved in the action of Onio State conventions, and the selection of the Ohio delegation is usually an indirect Issue at th StRte conventions the year preceding national conventions, but both of these national Issues have never before been precipitated into the same year or Into any one convention. The senatorship will b disposed of next January, some, months before .the selection of prciidentlal delegates comes up. and for that reason some of the McKinley men apprehend that they miRht. be caunht napping unless they get Ircn-clad McKinley resolutions adopted at this convention. And It is generally thought that the strong indorsement of McKinley for President and oraker for Senator will be embodied in the same resolution. It is the fact that the nominations for Governor and all State officers are contingent on th contest of factions for power In the senatorial and presidential races cf n?xt year that makes the convention one of such Intense interest. All candidates and their friends oaim tj be for McKinley for President and for Foraker tor Senator, but the factions do not believe in te sincerity of but one-half of each other's declarations, and both are more anxious to vure power than promises. - Coin Will Meet llurr. CHICAGO, May J7. W. II. Hawey. th author of "Coin's Financial School." has accepted the challenge to rr ;t Hon. Roswell G. Horr, of New York. ir titrate. Th question to 1 argued is wtetner or not the cardinal facts stated in dr. Harvey' book are true. The time and vlac of the debate have not yet been tlectcd. The remarks of loth men will b- taken down by a stenographer and will he published later. The nel'aurr Matter. Northwestern Christian Advocate. We regret to hear that Dr. J. I'. D. John has resigm-d the presidency of DePaaw University. That event comes through the fact that some of the trustees do not quite sympathize with the president's devotion to the "new education," in its elective and othw features. Statements from several parties Indicate that this is the real tound for the retirement of an educational leader who has the sincere respect of his fellowleaders, and who is held in high and nrfectlonate esteem by his old and present pupils. We note, too, that Dr. Sims has declined to accept the chancellorship of the name, university, made vacant by the resignation of Rlshop Bowman. Dr. John Is a mlllleaged man who is enthusiastic concerning the newer and better methods of educat;on. It is Just possible that some of the trustees are somewhat btlated as to their theories In modern culture, which latter fact l not to their discredit. Those who know the shining history of old "Asbury" University, and are attached to the golden niemotten of the noble men and ministers educated there, may le chary concerning radical methods or change in the methods whlii produced fuch Krand worker lor the race. We hope that further comparison ct views and more consultation about the real Interests of that excelling school will result In an adjustment which will Induce Dr. John to remain at Greencastle. EXPECTANT MOTHERS We OHer YOU A REMEDY Which Insure Safety to LJfe ot Mother and Child " Motes' Friend 59 Cobs CosflBNnf at of iti Tali, Horror and Eik. Mr wife "HOTllKUt1 FRIEtDn be fore ber Una child bad no cramp wm q ulefcly rw lleTed-tuffenuc but little no palm afterwardrecovery rapid. B.B(JolIjCl!lw,Bllfala,Xto. tV Sent by 11 ail or Estrf 'f.un reirtof prtre, Ol.OO per bottle. Book "To Mother' mill re. BRADF1CLD UEGULATOU CO., ATLAKTA.GA Sold by all Dranliti. NATIONAL TubeWorks Wrcnstt-iroi Pipe for Gis, Steam and Water. Poller Tid . I Vt t iii li 4 1 . -at.l!rm l tuinrf i.lmci at K!vMtih, alt en. M ' IinU. TtiKiH TrUnrntrt. Main i;aui;e, I'll T'mcK I'M 'uU-i. Yte. Nrrr l'U: an I !!. Wr mm Mrarn Trap. 1'urri. K;ti l n MnU !!. I:rlinv. iv!I it Mfil. si,lr. Wl,t k&4 rnlorrd wiji.rr Wane, ai.fl nil tl-r suM'lx iift! 4-n-t with Mrtm and AUr. Mura! tiea Miri'lles a -uiry. Mear.ihatmtr Ariaratiia for Imlir HuiMlujr. Mre . Mill. M to . r an--, ! jodrie. Lututer Dr.lIijH. etc. Cni ar. Ttirvl t nr. lr any mie rucht-lii rije. fmui lm& lo 11 ln-tea Utamttcr. KNIGHT & JILLSON, Ti atui Vt tt. rtrOaHAANlA. X-

j 1 'Sj